Production of Narcotics

OFFENCE

The charge of production involves the actual creation of narcotics. The use of the narcotic, whether it be for sale or for personal use, does not change the charge.

While most narcotics can be the subject of a production charge, it is most commonly laid in relation to marijuana and grow operations.

Most production prosecutions involve significant ongoing police surveillance, investigation and search warrants.

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PENALTY

Penalties for production charges are generally higher than trafficking charges because (1) production usually involves a significantly larger quantity of narcotic than trafficking charges, and (2) it is part of the consideration in a production charge that the narcotic in question is being produced for the purpose of trafficking.

The maximum sentence for production of a substance ranges from 2 years to life, depending on the nature of the drug in question and the applicability of a number of factors set out in the Controlled Drugs and Substances Act.

There are also a variety of minimum sentences depending on the nature of the drug, the quantity of the drug produced and codified aggravating factors mentioned above. The minimum sentence, where applicable will range from 6 months to 3 years.

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